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People v. Charles

91 A.D.3d 883, 936 N.Y.2d 911
Procedural entryThis page is a short order in People v. Charles. Read the opinion of the Court — 117 A.D.3d 1073 →
Appellate Division of the Supreme Court of the State of New York·Decided January 24, 2012·Published

Opinion

Where a defendant knowingly, voluntarily, and intelligently waives the right to appeal as part of a plea agreement, the waiver will be upheld (see People v Ramos, 7 NY3d 737 [2006]; People v Lopez, 6 NY3d 248 [2006]; People v Kemp, 94 NY2d 831, 833 [1999]; cf. People v Bradshaw, 18 NY3d 257 [2011]). Here, the defendant’s valid and unrestricted waiver of his right to appeal forecloses appellate review of the claim he seeks to raise (see People v Hershko, 88 AD3d 1013 [2011]; People v Walters, 84 AD3d 984 [2011]; People v Watt, 82 AD3d 912, 912 [2011]). Skelos, J.E, Dickerson, Austin and Miller, JJ., concur.

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People v. Charles, 91 A.D.3d 883, 936 N.Y.2d 911 (N.Y. Ct. App. 2012).

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Related

People v. Kemp
724 N.E.2d 754 (New York Court of Appeals, 1999)
People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
People v. Ramos
853 N.E.2d 222 (New York Court of Appeals, 2006)
People v. Bradshaw
961 N.E.2d 645 (New York Court of Appeals, 2011)
People v. Watt
82 A.D.3d 912 (Appellate Division of the Supreme Court of New York, 2011)
People v. Walters
84 A.D.3d 984 (Appellate Division of the Supreme Court of New York, 2011)
People v. Hershko
88 A.D.3d 1013 (Appellate Division of the Supreme Court of New York, 2011)